The National Health Service Pension Scheme Regulations 2015

Amount of pension: survivor of active member E+W

115.—(1) This regulation applies in relation to the surviving adult dependant of an active member.

(2) Paragraph (4) applies in respect of a pension payable during the initial period if the amount found under that paragraph is greater than the amount payable if this paragraph did not apply.

(3) In any other case, the rate of pension is determined by whichever paragraphs (5), (6) and (8) applies to the member.

(4) The rate of pension payable under regulation 113 is equal to—

(a) if the member was in non-practitioner employment, the rate of the member's pensionable earnings at the time of death;

(b) if the member was a practitioner or non-GP provider, the rate of the member's pensionable earnings during the last complete quarter before the member's death,

plus, in either case, if the member had made an additional pension election under regulation 55(3)(b) (self and survivor), 37.5% of the amount of the additional pension to which the member was entitled at the date of death.

(5) If the member dies with not less than 2 years of qualifying service, the annual amount of pension payable under regulation 113 is equal to—

(a) if the member has not reached the prospective normal pension age, 33.75% of the notional Tier 2 IHP;

(b) if the member has reached the prospective normal pension age, 33.75% of the notional age retirement pension.

(6) If the member dies with less than 2 years of qualifying service having reached the prospective normal pension age, the annual amount of pension payable under regulation 113 is equal to 33.75% of the notional age retirement pension.

(7) This paragraph applies if—

(a) the member dies with less than 2 years' qualifying service before reaching the prospective normal pension age; and

(b) the surviving adult dependant has a guaranteed minimum pension under section 17 of the 1993 Act in relation to benefits in respect of the deceased member under this scheme.

(8) If paragraph (7) applies—

(a) the annual amount of the pension payable under regulation 113 is equal to the guaranteed minimum pension; but

[F1 (b) sub-paragraph (a) does not apply if—

(i) the Secretary of State’s liability to provide a guaranteed minimum pension in respect of the surviving adult dependent is discharged by the payment of a contributions equivalent premium under section [F2 55] of the 1993 Act [F3 or article 3 of the 2016 Order], or

(ii) a surviving widow, widower or surviving civil partner has been convicted of an offence specified in paragraph 12 of Schedule 3 and the Secretary of State directed, as a consequence of that conviction, that the person’s rights to a payment in respect of the member’s death is forfeit.]

(9) In this regulation—

• “the initial period” is the period of six months starting on the day after the member's death;

• “the notional Tier 2 IHP” is the amount of pension the member would have received if, at the date of death, the member had become entitled to a pension under regulation 90(1)(b)—

  (a)

  disregarding the amount of any additional pension taken into account for the purposes of regulation 92(1)(c); and

  (b)

  if the member had made an additional pension election under regulation 55(3)(b) (self and survivor), adding 37.5% of that amount;

• “the notional age retirement pension” is the amount of pension the member would have received if, at the date of death, the member had become entitled to a pension under regulation 73 (ignoring any increase under regulation 75)—

  (a)

  disregarding the amount of any additional pension taken into account for the purposes of paragraph 1(d) of Schedule 13; and

  (b)

  if the member had made an additional pension election under regulation 55(3)(b) (self and survivor), adding 37.5% of that amount;

• “non-practitioner employment” is employment other than as a practitioner or a non-GP provider.

Textual Amendments

F1 Reg. 115(8)(b) substituted (6.4.2016) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(3), 69 (with reg. 105)

F2 Word in reg. 115(8)(b)(i) substituted (6.4.2019) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(3), 88(a)

F3 Words in reg. 115(8)(b)(i) inserted (6.4.2019) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(3), 88(b)